An amusement game or device or bingo is lawful when conducted by a person at an amusement concession, but only if all of the following are complied with:

Terms Used In North Dakota Code 53-04.1-04

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

1.    The location where the game is conducted by the person has been authorized as provided in section 53-04.1-05.

2.    The person conducting the game has been issued a license pursuant to this chapter and prominently displays the license at the playing area of the game.

3.    Games of chance other than the licensed game are not conducted or engaged in at the amusement concession.

4.    The game is posted and the cost to play the game does not exceed five dollars.

5.    A prize is not displayed which cannot be won.

6.    Cash prizes in excess of five dollars are not awarded and merchandise prizes are not repurchased.

    7.    The game is not operated on a build-up or pyramid basis except a trade up of a prize is allowed.

8.    Concealed numbers or conversion charts are not used to play the game and the game is not designated or adapted with any control device to permit manipulation of the game by the operator to prevent a player from winning or to predetermine who the winner will be. The object target, block, or object of the game must be attainable and possible to perform under the rules stated from the playing position of the player.

9.    The game is conducted in a fair and honest manner.

10.    A person under the age of eighteen may not play any amusement game or device, except bingo, in which cash prizes are awarded.